A. The Malheur County planning director may allow the establishment of a single-family dwelling on a lot or parcel located within an exclusive farm use zone, exclusive range use zone or exclusive farm-forest use zone as set forth in this section and ORS 215.710(1), (5) and (6), after the director has notified the county assessor that the dwelling will be allowed. A dwelling under this section may be allowed if:
1. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired by the present owner:
a. Prior to January 1, 1985; or
b. By devise or by interstate succession from a person who acquired the lot or parcel prior to January 1, 1985.
2. The tract on which the dwelling will be sited does not include a dwelling.
3. The proposed dwelling is not prohibited by, and will comply with, the requirements of the Malheur County comprehensive plan, this code and other provisions of law.
4. The lot or parcel on which the dwelling will be sited, if zoned for farm use, is not on that high value farmland described in ORS 215.710 except as provided in subsections B and C of this section.
5. When the lot or parcel on which the dwelling will be sited lies within an area designated in Malheur County's comprehensive plan as habitat of big game, the siting of the dwelling is consistent with the limitations on density upon which the Malheur County comprehensive plan and land use regulations intended to protect the habitat are based.
6. When the lot or parcel on which the dwelling will be sited is part of the tract, the remaining portions of the tract are consolidated into a single lot or parcel when the dwelling is allowed.
B. 1. Notwithstanding the requirements of subsection A4 of this section, a single-family dwelling not in conjunction with farm use may be sited on high value farmland if:
a. It meets the other requirements of ORS 215.705 to 215.750 that apply to Malheur County;
b. The lot or parcel is protected as high value farmland as described under ORS 215.710(1); and
c. Malheur County planning commission determines that:
(1) The lot or parcel cannot practicably be managed for farm use, by itself or in conjunction with other land, due to extraordinary circumstances inherent in the land or its physical setting that do not apply generally to other land in the vicinity.
(2) The dwelling will comply with the provisions of ORS 215.296(1).
(3) The dwelling will not materially alter the stability of the overall land use pattern in the area.
2. The Malheur County planning department shall provide notice of all applications for dwellings allowed under this subsection to the state department of agriculture. Notice shall be provided in accordance with the county's land use regulations but shall be mailed at least twenty (20) calendar days prior to the public hearing before the planning commission.
C. For the purposes of subsection A1 of this section, "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent or grandchild of the owner or a business entity owned by any one or combination of these family members.
D. When an application for a single-family dwelling under the provisions of this section are approved, the application may be transferred by a person who has qualified under this section to any other person after the effective date of the land use decision. (Ord. 145, 4-14-2004)